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Home My WebLink AboutMinutes - 07/16/2012 - City Council REGULAR MEETING July 16, 2012 Mayor Low called the regularly scheduled July 16, 2012 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Chief of Police Jones, City Engineer Pieper. PUBLIC HEARING: 2012/2013 APPROPRIATION ORDINANCE Mayor Low opened the Public Hearing regarding the consideration of the 2012/2013 Appropriation Ordinance at 7:31 p.m. Mayor Low stated the proposed appropriation ordinance reflects the budget total of $37,376,620 approved by Council for the 2012/2013 Fiscal Year. Notice of the Public Hearing was published in the Northwest Herald on July 3, 2012. She noted there have been no written or verbal comments received in the City Clerk's Office regarding this matter. Following Council approval, a certified copy of the appropriation ordinance must be filed with the County Clerk within 30 days. If there are no questions or comments from the public this evening, Staff is requesting Council consideration of the appropriation ordinance following the close of the public hearing. In response to Mayor Low's inquiry there were no public comments from the audience regarding this matter. Motion by Santi, seconded by Condon, to close the Public Hearing regarding the 2012/2013 Appropriation Ordinance at 7:32 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL 2012/2013 APPROPRIATION ORDINANCE Motion by Schaefer, seconded by Wimmer, to approve the 2012/2013 Appropriation Ordinance in the amount of$37,376,620 as presented. Regular Meeting Page 2 July 16,2012 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. I—N Voting Nay: None. Absent: None. Motion carried. PRESENTATION: CHARACTER COUNTS! RECOGNITION AWARDS Alderman Condon, President of the Character Counts! Coalition, introduced Beth Cherveny, who was mugged in March 2012. McHenry citizens Keith Magnuson and Tina Lunau exited a store nearby and noticed Beth in distress. The couple proceeded to chase down the mugger and apprehend him until police could arrive. Keith and Tina were nominated by Beth Cherveny for a Citizen of Character Award. Although they were unable to be in attendance at the meeting, Alderman Condon stated it is important for City Council to recognize citizens of character and will be sure they are presented with Character Counts! Recognition Awards. CONSENT AGENDA Consent Agenda Item B: Lease Agreement with Utilities, Inc. to install a police dispatch receiver and antenna on a water tower located at 2002 W. Ringwood Road, Johnsburg, IL has been pulled from the agenda at the request of Chief of Police Jones. The police department is waiting for additional documentation for the request. Alderman Glab requested Consent Agenda Item D: Award of bid to Maxim Construction Corporation for Water Treatment Plant #2 renovations not to exceed $1,672,700; professional services agreement with HR Green not to exceed $185,000; and contract agreement with B&W Control Systems Integration for SCADA system integration not to exceed $50,010, be pulled for separate consideration. Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as amended: A. Mutual Aid Agreement between City of McHenry and McHenry Township Fire Protection District; C. Award of bid to Keno & Sons Construction Company for Central Wastewater Treatment Plant clarifier repair and piping modifications not to exceed $349,936 and a budget amendment to the Utility Improvement Fund in the amount of$260,901; E. Request from Polish Legion of American Veterans for a special event liquor license and temporary closure of a portion of Park Street for annual Post picnic on August 5,2012; F. Request for block party from Ron Bielski,1719 Jennifer Lane; G. July 2,2012 City Council meeting minutes; H. As Needed Checks: 1110 GREEN LLC 33,342.83 BLUE CROSS BLUE SHIELD 0 118,691.41 BOWERS PHOTOGRAPHY, APRI 267.75 FOP UNITS I/II 1,935.00 HABITAT FOR HUMANITY 7,254.07 IUOE, LOCAL 150 2,172.38 LEGALSHIELD 93.65 MCH COUNTY DEPT OF HEALT 45.00 MCHENRY POLICE OFFICER'S 786.00 MILES CHEVROLET 60,829.00 MILLER, EMMETT 500.00 MUSSARED, GEORGIA 350.00 NAPA AUTO PARTS MPEC 5,893.46 Regular Meeting Page 3 July 16,2012 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 224.00 NEUMANN JR, EDWARD J 500.00 PETTY CASH FUND 1,500.00 POSTMASTER MCHENRY IL 1,515.64 RESERVE ACCOUNT 1,149.27 SAFARI LAND LLC 327.00 SECRETARY OF STATE 210.00 SECRETARY OF STATE / POL 198.00 TRAILS OF ALGONQUIN 112.00 UNITED PARCEL SERVICE 97.52 UNITED WAY OF MCHENRY CO 180.48 UNUM 1,538.11 WALL TO WALL CREATIVE 60.00 GRAND TOTALS 239,814.90 FUND TOTALS GENERAL FUND 86,280.08 PAGEANT FUND 327.75 TIF FUND 33,342.83 WATER/SEWER FUND 672.83 EMPLOYEE INSURANCE FUND 118,691.41 RETAINED PERSONNEL ESCROW 500.00 TOTALS 239,814.90 I. List of Bills: ACE HARDWARE, BJORKMAN'S 3,389.37 ADAMS ENTERPRISES INC, R 336.00 ADAMS STEEL SERVICE INC 225.00 ADVANCED AUTOMATION AND 220.00 AMELIO, ROBERT 282.00 AMERICAST CONCRETE PRODU 328.00 APWA 1,390.00 ARAMARK 456.88 AT&T 35.05 AUTO TECH CENTERS INC 491.44 EACH, CHRISTINE 70.00 BANKCARD PROCESSING CENT 2,294.08 BAXTER & WOODMAN 382.63 BENCK, TRACY 215.00 BLACKSTONE LANDSCAPE INC 4,224.50 BOTTS WELDING & TRUCK SE 32.00 BOXX THIS INC 186.32 BRAUN, NANCY 91.35 BREMER, CURTIS H 104.00 BRENNAN, DAN 840.00 BROWN, PAUL 253.00 BUCK BROS INC 14.93 BURRIS EQUIPMENT COMPANY 875.00 BUSS FORD SALES 279.40 C&H DISTRIBUTORS INC 270.32 CDS OFFICE TECHNOLOGIES 15,437.00 CDW GOVERNMENT INC 609.70 CENTEGRA OCCUPATIONAL HE 171.50 CHICAGO INTERNATIONAL TR 442.88 CINTAS CORPORATION #355 322.72 COMCAST CABLE 100.16 COMED 24,740.14 CONSTELLATION NEWENERGY 33,708.04 CRESCENT ELECTRIC SUPPLY 126.54 CURRAN CONTRACTING COMPA 174.00 D'ANGELO NATURAL SPRING 38.75 DELISI, PHIL 100.00 DELL MARKETING LP 1,560.31 DOCUMENT IMAGING DIMENSI 374.00 DURA WAX COMPANY INC, TH 148.80 ED'S AUTOMOTIVE/JIM'S MU 208.00 Regular Meeting Page 4 July 16,2012 ED'S RENTAL & SALES INC 25.00 EVANS, JAMES 92.00 FISCHER BROS FRESH 539.50 FOXCROFT MEADOWS INC 511.50 FREELOVE, JULIE 60.00 GOLD MEDAL PRODUCTS 486.89 GOVERNMENT FINANCE OFFIC 225.00 HARMENING, CHRISTOPHER M 92.00 HERRMANN, WILLIAM 65.06 HRGREEN 19,145.62 HYDRA-STOP INC 3,558.00 ILLINOIS ROOF CONSULTING 750.00 IPMA-HR 369.00 KIMBALL MIDWEST 305.65 LAFORME, MISTY 48.00 LANG PONTIAC-CADILLAC-SU 128.56 LANGE, MICHAEL 60.96 LEHNERT, ELIZABETH 60.00 LILEENG, MICHAEL D 100.00 LYTLE, LUCILLE 70.00 MARYS FLOWERS & GIFTS 96.00 MAZZUCA, JOE 46.00 MCANDREWS PC, THE LAW OF 6,800.00 MCAULIFF & SEMROW PC 1,012.50 MCCAFFERTY, BRITTANY 256.00 MCHENRY ANALYTICAL WATER 240.00 MCHENRY COUNTY COUNCIL O 111.00 MCHENRY COUNTY RECORDER 481.00 MCHENRY FIRESTONE 337.98 MCHENRY POWER EQUIPMENT 55.40 MCHENRY SPECIALTIES 431.00 MELROSE PYROTECHNICS INC 15,000.00 MEYER MATERIAL COMPANY 31.50 MID AMERICAN WATER OF WA 287.76 MIDWEST HOSE AND FITTING 25.75 MINUTEMAN PRESS OF MCH 725.13 MOORE, KEVIN 102.00 MUNIMETRIX SYSTEMS CORP 3,375.00 NORTHERN KEY & LOCK INC 77.00 NUTOYS LEISURE PRODUCTS 36.00 OLSEN SAFETY EQUIPMENT C 142.96 OTTER SALES & SERVICE IN 338.00 OVERHEAD INC 196.95 PEPSI BEVERAGE COMPANY 1,786.74 PETROLIANCE LLC 1,241.32 PITEL SEPTIC INC 325.00 PITTMAN, JEFF 30.00 PRECISION SERVICE & PART 17.58 RASMUSSEN REBUILDING & M 318.28 ROC CONSTRUCTION SUPPLY 200.08 SHAVER, LISA 173.33 SHERWIN INDUSTRIES INC 2,483.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 649.33 STERWERF, JASON 184.00 SZCZEPANIAK, SHERINE 45.00 SZEWCZYK, DONNA 594.00 TEST GAUGE AND BACKFLOW 675.00 THELEN MATERIALS LLC 462.00 TNEMEC COMPANY INC 229.40 TRAFFIC CONTROL & PROTEC 43.06 USA BLUEBOOK 911.40 VALLEY VIEW ACRES 340.00 WASTE MANAGEMENT OF WI P 6,381.80 WEST PAYMENT CENTER 152.00 GRAND TOTALS 169,867.80 ^ Regular Meeting Page 5 July 16,2012 FUND TOTALS GENERAL FUND 79,996.68 CAPITAL IMPROVEMENTS FUND 846.00 CAPITAL EQUIPMENT FUND 15,437.00 WATER/SEWER FUND 61,336.74 UTILITY IMPROVEMENTS FUND 5,369.25 RISK MANAGEMENT FUND 63.70 INFORMATION TECHNOLOGY FUND 6,435.80 RETAINED PERSONNEL ESCROW 382.63 TOTALS 169,867.80 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM D: AWARD OF BID TO MAXIM CONSTRUCTION CORPORATION FOR WATER TREATMENT PLANT #2 RENOVATIONS NOT TO EXCEED $1,672,700; PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN NOT TO EXCEED $185,000; AND CONTRACT AGREEMENT WITH B&W CONTROL SYSTEMS INTEGRATION FOR SCADA SYSTEM INTEGRATION NOT TO EXCEED$50,010 Alderman Glab inquired about the engineering costs on this $1,672,700 project. He stated the engineering costs come to about 11-12% of the total cost which contradicts information provided by HR Green in the past regarding percentage fees on large projects. Alderman Glab also opined the project should have been put out for bids and the City should look at large projects more closely. Motion by Wimmer, seconded by Blake, to approve Consent Agenda Item D as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. PUBLIC INPUT SESSION Mayor Low stated Public Input is generally 10 minutes set aside for members of the audience to address Council on non-agenda items. Typically, public comment is not allowed on items which are on the agenda for the night. However, due to high interest on the subject, an exception is being made and 10 minutes of public input about video gaming will be allowed at this meeting. 5 minutes will first be allowed to those opposed to video gaming and the second 5 minutes will be allowed to those supporting video gaming. John O'Neill of 3608 W. Clover stated he is opposed to video gaming and hopes the City of McHenry will follow the neighboring cities of Crystal Lake and Woodstock in denying it. Regular Meeting Page 6 July 16,2012 Joyce Story of 1617 Leonard Avenue stated she and her husband believe an impact study should be done; approving video gaming could be detrimental in the future for our community. Kathy Gilroy of 230 W Division in Villa Park stated she was not paid to give input at the meeting. She stated there are 9,000 addicted gamblers who have voluntarily signed affidavits allowing themselves to be arrested if found in casinos and she opined that video gaming, otherwise known as convenience gambling, would still be allowed for them and would also be more harmful than casinos. Randy Patterson of 6322 Chickaloon, on behalf of VFW Post 4600 in McHenry, stated the VFW really needs the additional revenue video gaming would provide to remain active in the community. He also opined he is confident the community can handle the influx of a few more people who might be interested in gaming. Ron Reber of 3916 West Avenue stated he is the Commander of the McHenry VFW and is very proud of the VFW's contribution to the community for the past 65 years. He encouraged Council to support video gaming to allow the VFW Post to remain active in helping the community. Chris McSwain of 6502 Highline Road in Crystal Lake, representing A H Entertainment, stated he believes allowing video gaming will help create jobs and hopes the City approves video gaming along with surrounding communities who have approved it. Phil Webb of 1506 Holian, representing ASAP Gaming, stated the City stands to gain around $440,000 annually from video gaming. He stated in 2008 small businesses lost 30% of their business due to the smoking ban that went into effect. The business owners are struggling now and gamers will take more of their business outside of town if the City does not allow video gaming in the community. Doug Strain of 1230 N Green Street stated gambling is readily available anywhere within 20 miles of the City of McHenry and he and other local businesses would like to keep the video gaming revenue which is at stake within our own community. REQUEST FROM LEGEND LAKES HOMEOWNER'S ASOCIATION FOR A SPECIAL USE PERMIT AND WAIVER OF FEES FOR A FAMILY PICNIC TO BE HELD IN SHAMROCK FARMS PARK ON AUGUST 4, 2012 Assistant City Administrator Hobson stated the proposed event would be held on Saturday, August 4th from 11:00 a.m. to 5:00 p.m. and will include a petting zoo and pony rides as well as traditional picnic games. This would be the 2nd annual Legend Lakes Family Picnic in Shamrock Farms Park. The request includes a request for a beer and wine permit allowing families to bring their own alcohol to the park for the event. Assistant City Administrator Regular Meeting Page 7 July 16,2012 Hobson stated this request is before Council because the Homeowner's Association is L— requesting a fee waiver for the event. Staff has no issues with the event taking place in the park, however the City has been more consistent in charging fees for other semi-private events held in our parks and it is Staffs recommendation that similar fees should be charged in this instance. Based on the given anticipated attendance, fees for this event would be $110 plus a $75 refundable maintenance deposit. All of the Aldermen stated they agree with Staff's recommendation to charge the suggested fees for the use of Shamrock Farms Park for this event. Motion by Wimmer, seconded by Blake, to approve a Special Use Permit for the Legend Lakes Homeowner's Association allowing a family picnic in Shamrock Farms Park on August 4, 2012, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM THE MONTINI PARENTS ASSOCIATION (MPA) AND FAMILY MUSIC FESTIVAL COMMITTEE FOR SPECIAL USE PERMIT, SPECIAL EVENT LIQUOR LICENSE, CITY SUPPORT SERVICES, AND WAIVER OF FEES FOR MONTINI FAMILY MUSIC FESTIVAL TO BE HELD IN PETERSEN PARK ON SEPTEMBER 15 2012 Assistant City Administrator Hobson stated the event is a benefit concert to raise funds for the Montini Catholic Grade School to be held on Saturday, September 15, 2012, from 2:00 p.m. to 11:00 p.m. The event would feature three local bands and would include a raffle, picnic-type games and events for children, a car show, food vendors, refreshments and beer and wine service. An outside contractor will provide the stage and sound system equipment for the bands. Anticipated attendance will be 1500 to 2000 people. Staff recommends approval of the request subject to receipt of a certificate of insurance for the sale of beer and wine; mandatory wrist banding for beer and wine sales; all alcohol sales and service to cease at 10:30 p.m.; and, the band must stop playing at 11:00 p.m. Staff does not support waiving fees for the event. Parks use fees based on attendance will be $500 and police costs as requested for the event will result in an additional charge of approximately $1600. Motion by Schaefer, seconded by Santi, to approve a Special Use Permit, Special Event Liquor License, and City Support Services for Montini Family Music Festival to be held in Petersen Park on September 15, 2012, as presented. Regular Meeting Page 8 July 16,2012 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM KELLY MILLER CIRCUS FOR SPECIAL USE PERMIT TO HOST A CIRCUS TO BE HELD IN PETERSEN PARK ON SEPTEMBER 11, 12, AND 13, 2012 AND WAIVER OF MUNICIPAL CODE CHAPTER 16, SEC. 16-25 TO ALLOW OVERNIGHT CAMPING IN THE PARK SEPTEMBER 10 THROUGH SEPTEMBER 13, 2012 Assistant City Administrator Hobson stated Kelly Miller Circus is requesting a special use permit to host a circus in Petersen Park with two 90-minute performances each day and an estimated total attendance of 1,000 to 3,000 people. One member of the circus personnel will arrive to set up the circus and remain at the site overnight throughout the event, which requires a waiver of Municipal Code Chapter 16, Sec. 16-25 prohibiting overnight camping on city property. Past events have had minimal impact on staff and the circus will be allowed access to water at the beach for the animals. The cost associated with water use is included in the reservation fee. Staff recommends approval of this event as presented. Alderman Schaefer stated this circus has used the parks in the past and it was very well done. Alderman Peterson will not support this event due to the use of exotic animals. Motion by Schaefer, seconded by Wimmer, to approve a Special Use Permit for Kelly Miller Circus to host a circus to be held in Petersen Park on September 11, 12 and 13, 2012 and waiver of Municipal Code chapter 16, Sec. 16-25 to allow overnight camping in the park September 10 through September 13, 2012, as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN ESTABLISHMENT IN CONJUNCTION WITH A RETAIL BUSINESS — SAVERS (TVI, INC.), 2221 N RICHMOND ROAD Deputy City Administrator Martin stated Mr. Matt Thurling of Savers (TVI, Inc.) is requesting a conditional use permit to allow a drive-in establishment in conjunction with a retail business. The drive-in is proposed at the southwest corner of the subject property, 2221 N. Richmond Road (the former Borders building), with the drop-off window located under a covered canopy. Savers is a national retail thrift store and operates locations in Crystal Lake, Naperville and Downers Grove. They will require a conditional use permit for a drive—in establishment because people are not required to leave their vehicles to drop off items. Regular Meeting Page 9 July 16,2012 Deputy City Administrator Martin noted the Planning and Zoning Commission L— considered the request at a public hearing held on June 21, 2012. The Commission unanimously recommended approval of a conditional use permit allowing a drive-in establishment in conjunction with a retail business, in substantial conformance with the site plan, and conditioned on appropriate signage and striping adequately directing customers to the drop-off area in a safe and efficient manner. Staff supports the recommendation of the Planning and Zoning Commission to approve this request. Alderman Santi inquired if deliveries by truck at the south entrance would interfere with the car traffic entering to drop off merchandise. Deputy City Administrator Martin stated Savers indicated they typically will not have more than two cars at a time lined up to drop off merchandise and there should not be a problem in that case. Alderman Glab, Alderman Schaefer and Alderman Condon all expressed concerns with better screening being provided on the south side of the building and for the drop-off area. Deputy City Administrator Martin stated he will bring Council's concerns regarding screening to the applicant. Alderman Condon stated she has concerns about how the store staff will handle the possibility of merchandise being dumped at the business. Deputy City Administrator Martin stated the store owners are cognizant of that issue and plan to address any dumping of merchandise immediately. Motion by Santi, seconded by Schaefer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to Savers (TVI, Inc.) to allow a drive-in establishment in conjunction with a retail business at 2221 N Richmond Road, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING A THREE-YEAR TEMPORARY USE VARIANCE TO ALLOW A SINGLE- FAMILY RESIDENTIAL USE FOR THE PROPERTY LOCATED AT 1309 GREEN STREET AS REQUESTED BY ANTHONY AND MICHELLE BUCKUN Deputy City Administrator Martin stated he received a request from Anthony and Michelle Buckun for a use variance to allow their property located at 1309 N Green Street to be temporarily used as a single-family residence. The Buckuns have not been successful attracting a commercial user for the property and are seeking an income stream to pay property taxes and maintain the site. The property is zoned C-4 Downtown Commercial and residential use is only permitted on the second floor in conjunction with a non-residential use on the first floor in Regular Meeting Page 10 July 16,2012 that zoning district. The type of use variance being sought has been requested and approved by City Council in the past on a temporary basis. Deputy City Administrator Martin noted the Planning and Zoning Commission considered the request at a public hearing held on June 21, 2012. The Commission unanimously recommended approval of a three-year temporary use variance to allow a single- family residential use at the property located at 1309 N Green Street with the following conditions: 1. The three-year time period will begin if and when the City Council formally approves the request; 2. The applicant must apply for a deck permit prior to use of the subject property as a single-family residence; and 3. Applicant must seek a sign variance from the City Council to keep an existing off- premise sign. Staff does not believe there will be any deleterious impact to the surrounding neighborhood if a temporary use variance is granted at 1309 N Green Street and supports the recommendation of the Planning and Zoning Commission to approve this request. Alderman Wimmer inquired if the commercial sign will be removed from the property if the temporary use is approved and whether or not the sign is conforming. Deputy City Administrator Martin stated the applicant was hoping to put a commercial office for his own law office in the building with the single-family residence so the sign could be allowed; however Construction and Neighborhood Services would have to perform a walk-through inspection at the premises to be sure the house meets the commercial as well as single-family residential requirements and codes in order for that to be approved. This inspection would need to be performed immediately after approval of the temporary use variance. Deputy City Administrator Martin also stated the sign is non-conforming because it is presently an off- premise sign, but the applicant stated he hopes to establish an office in the building. If Mr. Buckun cannot meet the commercial building requirements to have the office within the single- family residence, then the sign would need to be removed. To further explain the sign issue, Construction and Neighborhood Services Director Schwalenberg stated there are only two options available to Anthony Buckun in order to keep the existing sign. Option one is for Mr. Buckun to share the building with the residential occupants residing on both floors of the building and pass an occupancy inspection for commercial usage within that same space for an office which would allow the sign to remain in place with no further action. Option two is for the residence to remain strictly used as a residence with no commercial use on the premises which would require Mr. Buckun to come back to City Council and request a sign variance allowing off-site advertising. Regular Meeting Page 11 July 16,2012 Motion by Schaefer, seconded by Wimmer, to accept the unanimous recommendation �- of the Planning and Zoning Commission to approve a three-year temporary use variance to allow a single-family residential use at the property located at 1309 N Green Street, as presented, with the following conditions: 1. The three-year time period will begin if and when the City Council formally approves the request; 2. The applicant must apply for a deck permit prior to use of the subject property as a single-family residence; and 3. Applicant must seek a sign variance from the City Council to keep an existing off- premise sign. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE AMENDING CHAPTER 14 OFFENSES-MISCELLANEOUS ARTICLE I IN GENERAL BY REPEALING THEREFROM SECTION 14-31 AND CHAPTER 9 DEVICES COIN-OPERATED IN THE MUNICIPAL CODE, AND ADDING THERETO A NEW SECTION ENTITLED "VIDEO GAMING TERMINALS" Deputy City Administrator Martin stated video gaming was authorized in 2009 by the Illinois General Assembly under the Video Gaming Act provision. Video gaming is regulated solely by the Illinois gaming board and licensed establishments must have a liquor license to pour onsite and can only receive approval for video gaming licensing for no more than five terminals in any one establishment. The Finance and Personnel Committee discussed video gaming at the June 18, 2012 meeting and directed Staff to bring the proposed amendments to City Council for discussion. The video gaming law does not include terminals that directly dispense coins, cash, or tokens or are for amusement only. Chapter 9 of the City Municipal Code, which addresses licensing coin operated devices also prohibits mechanical amusement devices from being used as gambling devices. A game room or amusement establishment as outlined in the City's zoning ordinance prohibits any type of gambling device in accordance with the Municipal Code, therefore no amendments are required to the zoning ordinance. The Municipal Code Chapter 14 prohibits gambling, which is prohibited by state law or city ordinances and Chapter 16 prohibits gambling in parks. To allow video gaming in the City, Chapter 9 of the Municipal Code requires amendments specifically to allow for video gaming and Section 14-31 of the Municipal Code would need to be repealed. Any new establishment proposing to serve alcohol would be required to obtain a conditional use permit for a tavern or restaurant serving alcohol and a liquor license from the City prior to receiving a video gaming license from the State. The proposed ordinance suggests a $100 fee per video gaming terminal. Regular Meeting Page 12 July 16,2012 Staff believes to effectuate authorization of video gaming in the City a new section solely addressing video gaming be added to Chapter 9 of the Municipal Code. Additionally, the remainder of Chapter 9 would be exclusive to coin-operated amusement devices, which are currently permitted and licensed by the City. These amusement devices may include: juke boxes, arcade games, pinball machines, etc. Section 9-7 specifically prohibits gambling; therefore amending Chapter 9 and omitting video gaming from all provisions in Chapter 9 with the exception of an added section solely addressing video gaming devices maintains the integrity of the balance of the text. It is Staff's recommendation to approve an ordinance amending Chapter 9 of the Municipal Code should City Council authorize video gaming. Alderman Condon recognizes both sides feel strongly about video gaming; however, she noted none of the concerns regarding off-track betting, which came before Council a few years ago, have come to fruition. It is not the place of government to regulate residents' choices and behavior. Alderman Condon takes Character Counts! seriously and does not believe a vote in favor of video gaming is a reflection against the Character Counts! philosophy. Alderman Santi stated he would appreciate more input from the general public and would like an extended review period of the subject. He is disappointed there is not a more lengthy, thorough process involved in the decision. Alderman Glab believes video gaming should be brought before the Planning and Zoning Commission for a public hearing. He would also be more comfortable with a lengthier approval process and additional public input. Alderman Schaefer inquired if video gaming is solely licensed by state regulations and who monitors any violations that might occur. Deputy City Administrator Martin replied video gaming is solely regulated and monitored by the Illinois Gaming Board. Alderman Blake stated it comes down to individual choices; it is an individual's choice whether or not to use video gaming machines and it is the right of a business to decide whether or not to have the video gaming machines in their establishment. Alderman Wimmer stated the subject of video gaming has been talked about for three years and only three people have voiced opposition. He opined it is not a big an issue. Alderman Peterson stated a choice has to be made and while it's not always popular, our town must be competitive with other towns in the area. There are 7300 lottery outlets available in the State of Illinois; video gaming may not be any worse an issue than the lottery or bingo, comparatively. Motion by Condon, seconded by Wimmer, to approve an Ordinance amending Chapter 14 Offenses-Miscellaneous Article I in general by repealing therefrom section 14-31 and Regular Meeting Page 13 July 16,2012 Chapter 9 Devices, coin-operated, in the Municipal Code, and adding thereto a new section entitled "Video Gaming Terminals", as presented. Voting Aye: Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Abstaining: Santi. Absent: None. Motion carried. COMMITTEE RECOMMENDATION TO FORWARD VARIOUS AMENDMENTS TO THE ZONING ORDINANCE, MUNICIPAL CODE, AND SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE TO THE PLANNING &ZONING COMMISSION FOR A PUBLIC HEARING Deputy City Administrator Martin stated the Community Development Committee has considered various amendments to the zoning ordinance, subdivision and development ordinance and municipal code and directed Staff to forward them to the full City Council for direction to schedule a public hearing before the Planning and Zoning Commission. Amendments to the following ordinances are proposed: • Signs; • Outside display of merchandise; • Assembly uses; • Eliminating requirement for a metes and bounds legal description; • Consolidating non-residential driveway and parking lot paving requirements; • Home Occupations; • Expansion of conditional use permits; and • Eliminating requirement to obtain a conditional use permit to serve alcohol in conjunction with a restaurant. Motion by Glab, seconded by Condon, to approve a committee recommendation to forward various amendments to the zoning ordinance, municipal code, and subdivision control and development ordinance to the Planning &Zoning Commission for a public hearing. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low complimented Staff for their help and participation regarding Fiesta Days. She stated the first weekend of the Fest had over 8,000 people in attendance with only minor incidents. Mayor Low went over the agenda for Fiesta Days and commented there is another full week of fun family activities. Regular Meeting Page 14 July 16,2012 COMMITTEE REPORTS Alderman Peterson stated there is a tentative Parks & Recreation Committee meeting on Tuesday August 14 at 7:00 p.m. Alderman Blake stated there was a Public Works Committee meeting held on Monday, July 2. Minutes of the meeting have been distributed. STAFF REPORTS There were no Staff reports. FUTURE AGENDA ITEMS City Administrator Morefield stated a list of tentative future agenda items was provided to the Council noting the list is tentative and items may be removed and added. Alderman Glab indicated he would like to see a discussion and/or engineering plans on the impact of the Crystal Lake Road construction project on the City of McHenry with regard to watershed. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 9:16 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. "1 Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:16 p.m. M or City Clerk